[Adopted 6-19-1975 by Ord. No. 297-75 as Chapter XVIII of the Revised General Ordinances of the City of Passaic, 1975]
As used in this article, the following terms shall have the meanings indicated:
STREET
Any road, highway, public way, public alley, easement or other right-of-way accepted or maintained by the City as a public street, as well as any state or county road or highway over which the City has acquired jurisdiction by agreement.
A. 
No person shall make an excavation in or tunnel under any street without first obtaining a permit from the City Engineer.
B. 
A tunnel or excavation may be commenced without a permit where an emergency has arisen which makes it necessary to start work immediately, provided that the application for a permit is made simultaneously with the commencement of the work or as soon thereafter as is practical. The permit, when issued, shall be retroactive to the date on which the work was begun.
A. 
Before any permit is issued for construction, repair or maintenance work in public streets by the City Engineer, a fee shall be paid by the applicant to cover the cost of inspections, services, materials and labor necessary for the proper control of such work by the City. All permits expire within 21 days after issuance. All permits except dumpster permits require inspection within 24 hours' notice to the City Engineer's office.
[Amended 8-12-2013 by Ord. No. 1948-13]
B. 
Payment of fees shall be based upon the following schedule:
[Amended 7-11-1985 by Ord. No. 865-85]
(1) 
Digging in sidewalks, restoration and replacement:
[Amended 10-21-2002 by Ord. No. 1555-02]
(a) 
Fee for the first 50 linear feet of sidewalk work: $25.
(b) 
Fee for each additional 10 linear feet: $5.
(c) 
Fee for installation, repair or replacement of driveway: $25.
(2) 
Street excavations.
[Amended 12-23-1992 by Ord. No. 1199-92[1]]
(a) 
Definitions. As used in this subsection, the following terms shall have the meanings indicated:
ROAD ACCESS OPENING
Any excavation within the municipal right-of-way but outside of the roadway pavement surface course. A separate roadside access opening permit will be required for each individual manhole installation, inlet/catch basin installation, valve box installation, junction box installation, trench between such structure installations, erection of signs, mailboxes, poles, curbs or driveway aprons, foundation removal or construction, converting existing inlet head types to different types or manhole covers, control boxes, electrical boxes, terminals, guide rail installation or removal, traffic signal stanchions, tree removal or planting, ballards, bus shelters, fences, hedges, lampposts, planters, posts, shrubs, walls or any other type of trench opening.
ROAD OPENING or EXCAVATION
Any excavation within the roadway pavement, being an existing asphalt or concrete surface course. A separate road opening permit will be required for each individual manhole installation, inlet/catch basin installation, valve box installation, junction box installation, construction or new or replacement curbing, removal of existing curbing, foundation removal or construction, converting existing inlet head types to different types or manhole covers or for any other opening within the road pavement.
TRENCHING
A connecting excavation not exceeding two feet in width for pipes, conduits, curbing, etc., within the municipal right-of-way.
(b) 
Fees. Excavation fees shall be as follows:
[1] 
Utility companies (excluding Passaic Valley Water Commission) shall pay a fee of $50 per road opening or roadside access opening for each opening up to 20 square feet plus $5 for each additional 10 square feet or part thereof. This fee is to defray the expenses of the City of Passaic for processing the application and inspecting the work during normal business hours.
[2] 
All other applicants shall pay a fee of $250 for each road opening or roadside access opening, except that where more than one such permit is required on an individual job, up to four additional permits may be issued at the same time as the original permit without additional change, provided that the total area excavated does not exceed 100 square feet. This fee is to cover the cost of the expenses of the City of Passaic for processing the application and inspecting the work during normal business hours.
[3] 
All applicants shall pay, in addition to the fees set forth above, a fee of $5 per each 10 linear feet of trenching as defined above.
[4] 
Inspectors required outside of normal business hours (Monday through Friday, 8:30 a.m. to 4:00 p.m, excluding holidays) will be charged at the prevailing wage rate, including any premiums required under collective bargaining agreements, irrespective of the actual time required for the inspection.
[5] 
Permits must be activated within 15 days of issuance, and a new permit shall be required, including payment of all fees, unless the applicant shall, prior to the 15th day, receive an extension from the City Engineer.
[1]
Editor's Note: Section IV of this ordinance provided as follows: "The City Council, in adopting this ordinance, intends and directs that it be enforced retroactively to January 1, 1992, with regard to any excavation work for which no fee was previously paid."
(3) 
Sanitary sewer connection. Fees for connection to the sanitary sewer system shall be as follows:
[Amended 10-21-2002 by Ord. No. 1555-02]
(a) 
One- and two-family dwelling house: $50.
(b) 
Each additional dwelling: $10.
(c) 
Restaurants: $100.
(d) 
Commercial premises, dry goods, industrial (no water process), office buildings and theaters: $50 plus $5 per fixture.
(e) 
Hotels, hospitals, nursing homes, convalescent homes and rooming houses: $10 per bed or rental room.
(f) 
Industrial (with water process): $400.
(g) 
Supermarkets and grocery stores: $100.
(4) 
Storm sewer connection. Fee for each connection to the storm sewer: $50.
[Amended 10-21-2002 by Ord. No. 1555-02]
(5) 
Dumpster permit fees, reflectors required on both ends of dumpster, (10 days): $50.
[Amended 10-21-2002 by Ord. No. 1555-02]
[Amended 7-11-1985 by Ord. No. 865-85; 12-23-1992 by Ord. No. 1199-92[1]]
A. 
No permit shall be issued until the applicant has filed a bond in the amount of $1,000 for a two-year period. The bond shall be executed by the applicant as principal and a surety company licensed to do business in the State of New Jersey as surety and shall be conditioned as follows:
(1) 
To indemnify and hold harmless the City from all loss, damage, claim or expense resulting from any work done by the applicant under the permit.
(2) 
To indemnify the City for any expense incurred in enforcing any of the provisions of this article.
(3) 
To guarantee completion of the permitted work according to the provisions of this article.
B. 
The applicant may post a cash bond with the City in lieu of a surety bond. Cash, cashier's check, certified check or money order made payable to the City of Passaic shall be acceptable, and such funds shall be held in the City of Passaic escrow account.
C. 
The City Engineer may waive the requirements of surety in the case of public utilities.
D. 
One bond may be accepted to cover more than one excavation by the same applicant, subject to the determination of the City Engineer that the City is adequately protected against default by the applicant.
E. 
No permit shall be issued for any road opening or roadway access opening permit until the applicant has filed with the City Engineer a certificate of insurance or a public liability insurance policy in at least the minimum amounts of $100,000/$300,000 for bodily injury or death and $25,000 for property damage, issued by an insurance company licensed to do business in the State of New Jersey and indemnifying and protecting the City of Passaic from all liability by reason of property damage or personal injuries or death which may result or may be claimed as a result of any accident occurring at the point of opening or related thereto. In all cases, the City shall be named as an additional insured on such policy.
[1]
Editor's Note: Section IV of this ordinance provided as follows: "The City Council, in adopting this ordinance, intends and directs that it be enforced retroactively to January 1, 1992, with regard to any excavation work for which no fee was previously paid."
A. 
Protection of public.
[Amended 7-11-1985 by Ord. No. 865-85]
(1) 
All excavations that are not backfilled to grade at the end of each work day shall be covered with steel plates or protected by barricades having self-powered flashers. All detour and transition barricades and cones are to comply with requirements of the current Manual on Uniform Control Devices.
(2) 
No road is to be closed without permission from the City Engineer's office.
B. 
Protection from damage. The permittee shall hold harmless the city, its officers and agents from any loss, injury, claim, demand or damage resulting from any negligence or fault of the permittee or the agents of the permittee in connection with the performance of the work covered by the permit.
C. 
Time limit.
[Amended 7-11-1985 by Ord. No. 865-85]
(1) 
All excavation work is to be performed as expeditiously as practicable.
(2) 
If work must be stopped for more than two consecutive days, the excavation must be backfilled to grade or covered with steel plates.
D. 
Excavations. All excavations shall be performed without interference to underground utilities. Prior permission must be obtained from the appropriate agency if a service disconnection is required during prosecution of work.
[Amended 7-11-1985 by Ord. No. 865-85]
E. 
Backfilling. All excavations are to be backfilled in lifts no greater than 12 inches and tamped using suitable means to prevent further settlement. If the Engineer deems the excavated material unsatisfactory for backfill, then the permittee shall backfill the excavation with borrow excavation material.
[Amended 7-11-1985 by Ord. No. 865-85]
F. 
Road surface. The permittee, upon satisfactory completion of the backfill operation, will replace the road surface in kind or provide a minimum roadway thickness consisting of five inches of quarry process stone, four inches of bituminous stabilized base course (MIX No. 1) and a 1 1/2 inches of finish course of MIX No. 5, whichever is greater.
[Amended 7-11-1985 by Ord. No. 865-85]
G. 
Special conditions. The City Council may impose special conditions in any special case.
H. 
Extraordinary conditions. Under extraordinary conditions not covered by this section, the Engineer shall receive a copy of the plan of the permittee and, after an evaluation, set a fee in accordance with the fee schedule.
The Engineer may make any rules and regulations which he considers necessary for the administration and enforcement of this article, but no regulation shall be inconsistent with, alter or amend any provision of this article or impose any requirement which is in addition to those expressly or by implication imposed by this article. No regulations shall be effective unless they shall be approved by resolution of the Council. Copies of all current regulations shall be furnished to each permittee at the time of the issuance of the permit.
Grading or digging under the provisions of this article shall be unlawful unless it conforms strictly to the official grades as specified in the ordinances authorizing such grading or to the measurements, specifications, plans or requirements of the City Engineer.
A. 
Laying, removing or changing. No sidewalk, driveway, curb, gutter or pavement shall be laid, removed or changed unless authorized by a written permit issued by the City Engineer.
B. 
Construction specifications.
[Amended 7-11-1985 by Ord. No. 865-85]
(1) 
All sidewalks shall be constructed of concrete having a minimum thickness of four inches. All driveways shall have a minimum concrete thickness of six inches. All sidewalks and driveways shall be constructed of Class B concrete placed upon a suitable base. A slope of 1/4 inch per foot towards the street is to be provided.
(2) 
Transverse expansion joints of preformed bituminous joint filler or accepted equal are to be installed at intervals with greater than 10 feet with a blind joint at the midpoint. Expansion joints are to be installed between the curb and the sidewalk and between adjacent buildings and the sidewalk.
(3) 
Sidewalks shall be a minimum of five feet wide, unless specifically approved by the City Engineer.
(4) 
All curbs are to be constructed of Class B concrete, with expansion joints every 10 feet. Curbs shall be 18 inches deep with a nine-inch width at the base and an eight-inch width at the top. A nominal six-inch curb face is to be provided.
(5) 
No concrete is to be poured without the forms and the work, in general, being approved by the City Engineer or one of his representatives.
A. 
Laying, changing or removing sewers, drains and conduits. No sewer, drain, pipe, conduit, tank, track, pole or other requirement shall be laid, changed or removed unless such work is authorized by a written permit issued by the City Engineer.
B. 
Conformity with measurements, plans or specifications. The laying, changing or removal of sanitary or storm sewers, lateral sewer connections or other equipment shall be unlawful unless it conforms to the provisions of the current National Plumbing Code as adopted by the New Jersey Department of Community Affairs or as specified by the City Engineer.
[Amended 7-11-1985 by Ord. No. 865-85]
[Amended 5-7-1987 by Ord. No. 985-87]
A. 
Maintenance of street between property line and curb. Every owner, occupant or person having charge and control of property in the City on any street that is open shall maintain and be responsible for the proper upkeep of that part of the street between the property line and curb which abuts the property, including corner areas adjacent to corner lots, whether within or without the property line. Such upkeep shall include the proper maintenance and repair of the sidewalk and curb.
B. 
Installation and repair of connection between property and sewer lines. Every owner, occupant or person having charge and control of property in the City shall be responsible for proper installation, repair and upkeep of all connections between their property and the main sanitary or industrial sewer line and all connections between their property and the main storm drain, catch basin or gutter into which such connections discharge.
C. 
Installation of individual connection between property and municipal sewer for new construction. Every owner or person having charge and/or control of construction of new buildings in the City shall be required to install an individual sanitary sewer lateral between each building and the municipal sewer. An individual sanitary sewer lateral shall be installed for each townhouse unit to a common collector lateral which is to connect to the municipal sewer. The common collector lateral must be located in the common area of the property and not within the bounds of any individual unit. Duplex units which are constructed with the intent of being sold to separate owners shall be built with individual sewer laterals. A common sewer lateral will be permitted in the case of multiple units being constructed in low-, mid- and high-rise structures. Installation of septic pits is prohibited.
[Amended 10-21-1999 by Ord. No. 1473-99]
D. 
Installation of individual connection between property and municipal sewer for existing properties. Every owner, occupant or person having charge and/or control of existing buildings in the City shall be required to install an individual sanitary sewer lateral for each building if and when it becomes known that a building is connected to a common sanitary sewer lateral with another building or buildings or to a septic pit. This same requirement shall apply to existing townhouse and duplex units that have individual owners. It will be the responsibility of the owner whose sanitary sewer lateral or building drain is connected to his/her neighbor's lateral or building drain to disconnect their sanitary sewer lateral or building drain and provide a new individual sanitary sewer lateral from their property to the municipal sewer. The individual connections are to be provided with 60 calendar days of notice. In the event of subdivision of commonly owned duplex or townhouse units having a single sanitary sewer lateral from the building, the current owner shall be required to provide an individual sewer lateral for each unit as a requirement of the subdivision.
[Amended 10-21-1999 by Ord. No. 1473-99]
A. 
No excavating materials, building materials or other materials shall be placed or stored in the street unless such storage shall be authorized by a written permit by the City Engineer, and such storage shall be unlawful unless it occupies less than 1/4 of the width of the roadway, as measured between curbs, and is confined between the limits of the extended property lines of premises for which the storage is requested. Storage of materials for longer than 10 days will be unlawful unless the permit is renewed.
B. 
It shall be unlawful to store in a public street any materials of a nuisance or unsanitary character or any material of an inflammable or explosive nature.
C. 
The property owner or the owner of the materials stored shall be fully responsible for the providing of proper signs, guards and lights.
D. 
It shall be unlawful for any person, persons, firm, corporation or any other entity whatsoever to place materials of any description, structures, vehicles, equipment or other matters of any nature for storage on or along any City road, street or right-of-way without first obtaining a permit from the City Engineer, and no such permit shall be issued except upon payment of the proper fee and on conditions hereafter set forth:
[Added 12-23-1992 by Ord. No. 1199-92[1]]
(1) 
The applicant for a permit shall describe fully the materials or equipment to be stored, giving quantity, weight or other dimensions or particulars thereof.
(2) 
Any materials or equipment placed on any road, street or right-of-way shall be adequately protected, safeguarded and lighted at all times. The permittee shall be responsible for the erection and removal of any barricades, signs or other structures involved in protecting said materials or equipment and in warning the general public thereof.
(3) 
Notwithstanding any other provisions of this Code, no materials or equipment shall be stored upon any road, street or right-of-way at any time unless:
(a) 
There shall be maintained not less than 22 feet of passage in any road or street open to travel by the motoring public.
(b) 
There shall be maintained no less than five feet of passage within any right-of-way (i.e., sidewalk, pedestrian walkway, etc.) open to pedestrian travel.
(c) 
Such materials or equipment shall be stored so as not to interfere with or divert the flow of water along any road, street or the gutters thereof.
(d) 
The applicant has posted with the City Engineer a public liability insurance policy or certificate of insurance in at least the minimum amount of $100,000/$300,000 for bodily injury or death and $25,000 for property damage issued by an insurance company licensed to do business in the State of New Jersey and indemnifying and protecting the City of Passaic from all liability by reason of property damage or personal injuries or death which may result or may be claimed as a result of any accident occurring at the point of storage or related thereto. In all cases, the City shall be named as an additional insured on such policy.
(e) 
The applicant has paid the permit fee, which shall be $75 for the first 10 calendar days or any portion thereof and $50 for each additional five calendar days or part thereof, up to a maximum of 30 days.
[1]
Editor's Note: Section IV of this ordinance provided as follows: "The City Council, in adopting this ordinance, intends and directs that it be enforced retroactively to January 1, 1992, with regard to any excavation work for which no fee was previously paid."
A. 
Permit required to lay or alter lines of conduits; information required in application; fee; bond.
(1) 
No public or private utility corporation shall lay, repair, alter, change or remove any of its lines, conduits, pipes, structures, fixtures, poles, wires, tracks or other services nor in any way disturb the surface, sidewalk, curb or pavement of any public street of the City without first making proper application for permission to do so to the City Engineer. Such application shall be accompanied by a detailed description of the work intended to be done and maps, plans or drawings showing the exact location and details of the work. Upon approval of the application, the City Engineer may issue a permit for the work applied for upon payment of the fee set forth in § 259-5 of this article.
[Amended 7-11-1985 by Ord. No. 865-85]
(2) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection A(2), permitting the filing of a bond in lieu of fees, was repealed 3-6-1986 by Ord. No. 916-86.
B. 
Plans describing installations to be submitted upon request. Any public or private corporation having any lines, conduits, pipes, structures, fixtures, poles, wires, tracks or other services in the streets of the City shall, upon the request of the City Engineer, within 30 days, send to him a plan showing and describing all its installations in the public streets of the city.
C. 
Replacement of pavement; supervision of work. Any public or private utility corporation disturbing the surface, sidewalk, curb or pavement of any street in the City shall replace or repair such disturbed areas at its expense and without undue delay in accordance with the requirements of the City Engineer, and such work shall be under his supervision or under that of any other agent of the Director of the Department of Public Works.
[Amended 7-11-1985 by Ord. No. 865-85]
Outdoor public telephone booths and facilities are hereby authorized to be placed on the sidewalks, between the curb and property lines, for the furnishing of telephone service to the public, provided that proper application for permission to install any and all such booths is first made to the City Clerk and approved by the City Engineer. The application shall be accompanied by detailed plans and drawings showing the exact location of such booths and facilities and provided that the standard rate of commission shall be paid to all public telephone agents at whose premises such outdoor booths are located.
[1]
Editor's Note: See also Ch. 280, Telephones, Outdoor.
There shall be kept in the Bureau of Engineering four books of printed permit forms with necessary blank spaces. Book One shall be entitled "Street Permits;" Book Two shall be entitled "Sewer and Drain Permits;" Book Three shall be entitled "Storage Permits;" and Book Four shall be entitled "Utility Permits."
A. 
Book One. Book One shall contain a stub and detachable permit form. The stub and permit shall contain the same number, and all permits shall be consecutively numbered. When issued, the stubs and permit forms of Book One shall have entered on them the following information: the date, the address, the owner's name and the contractor's name, the type of work, the amount of the permit fee, the name and remarks of the inspector and the date of inspection.
B. 
Book Two. Book Two shall contain a stub and detachable permit form. The stub and permit shall contain the same number, and all permits shall be consecutively numbered. When issued, the stubs and permit forms shall have entered on them the following information: the date, the address, the owner's name, the plumber's name, the type of building and frontage, the type and size of the branch connection, the page and number entry in the sewer inspection book, the amount of the permit fee, the name and remarks of the inspector and the date of inspection.
C. 
Book Three. Book Three shall contain a stub and detachable permit form. The stub and permit shall contain the same number, and all permits shall be consecutively numbered. When issued, the stubs and permits shall have entered on them the following information: the date, the address, the owner's name, the contractor's name, the type of storage material, the inspector's name and remarks and the date of inspection.
D. 
Book Four. Book Four shall contain a stub and detachable permit form. The stub and permit shall contain the same number, and all permits shall be consecutively numbered. When issued, the stubs and permits shall have entered on them the following information: the date, the name of the utility to which the permit is issued, the location of the work, the type of work, the amount of the fee, the name and remarks of the inspector and the date of inspection.[1]
[1]
Editor's Note: Original Section 18-5, Deputy City Engineer, which immediately followed this section, was deleted 7-11-1985 by Ord. No. 865-85; see Ch. 1, General Provisions, Art. III.
[Amended 7-11-1985 by Ord. No. 865-85; 9-23-1993 by Ord. No. 1241-93; 9-24-2012 by Ord. No. 1916-12]
A. 
The municipal officials responsible for enforcing Chapter 259 shall be the City Engineer, the Chief of Police, Health Officer or his agents, the Director of Public Works and their designated agents and employees.[1]
[1]
Editor's Note: Original Section 18-7, Violation; Penalty, which immediately followed this section, was deleted 7-11-1985 by Ord. No. 865-85; see Ch. 1, General Provisions, Art. III. For current penalty provisions, see Ch. 1, Art. II.
B. 
For any violations of § 259-12A for failure to properly maintain and/or repair the sidewalk and curb, no court appearance shall be necessary if the person corrects the condition cited immediately upon the receipt of a summons and pays the fine before the date of the first court.